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11-10-1981 CCMMINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NOVEMBER 10, 1981 1. CALL TO ORDER In the absence of both the Mayor and Vice -Mayor, the meeting was called to order by City Administrator Plotz in accordance with the City Ordinance, Section 100:05. The present Council members then elected a presiding officer by motion of Alder- man Carls to appoint Alderman Lueneburg to chair the meeting. Seconded by Alder- man Beatty, the motion unanimously carried. Those present were: Aldermen Carls and Beatty and Presiding Officer Lueneburg. Absent: Mayor Westlund and Alderman Gruenhagen. Also present: City Administra- tor Plotz, City Engineer Priebe, and Assistant City Attorney Schaefer. 2. INVOCATION The invocation was given by the Reverend Richard H. Coston from the Seventh Day Adventist Church. 3. MINUTES The minutes of the Regular Meeting of October 27, 1981 and Special Meeting of November 5, 1981 were approved as read upon motion by Alderman Beatty, seconded by Alderman Carls and carried unanimously. 4. PUBLIC HEARING - 8:00 P.M. (a) IMPROVEMENT PROJECT 82-01 The public hearing was opened at 8:00 P.M. by City Administrator Plotz with the reading of the Notice of Hearing on Improvement Project 82-01 for con- struction of watermain, sanitary sewer, sewer lift station and appurtenances for the following area: Bluff Street from 200' to 1,200' North of Waller's Drive The estimated cost is $73,132.00. Presiding Officer Lueneburg asked if there was anyone present who wished to be heard regarding Project 82-01. Mr. Eldred Miller, Trustee of the church, stated the church and school are in need of the requested services. They presently use a small septic tank in a drain field,which is inadequate. Therefore, they need a sewer and water system installed. The congregation, however, will have final say on the project. COUNCIL MINUTES NOVEMBER 10, 1981 Alderman Carls inquired if the City would be able to collect the deferred assessable cost of $39,076.40. City Engineer Priebe stated approximately $12,000 would probably not be collectable because of land use. He further remarked that the City is trying to minimize its cost and still provide the requested service to Our Savior's Lutheran Church. It was suggested that perhaps the total project could be reduced and thus cut the City's cost. Mr. Bill Craig, representing Hutchinson Industrial Corporation, questioned when this project would be done and the location involved. The City Engineer reported the project would be done this fall on the west side of Hutchinson Industrial property along County Road. The hearing on Project 82-01 was closed at 8:22 P.M. on motion by Alderman Beatty, seconded by Alderman Carls and carried unanimously. Alderman Carls moved to have the Engineer prepare the plans on Project 82-01 and to waive reading and adopt Resolution No. 6983 entitled Resolution Order- ing Improvement and Preparation of Plans for Project 82-01. Seconded by Alderman Beatty, the motion unanimously carried. (b) IMPROVEMENT PROJECT 82-02 City Administrator Plotz read the Notice of Hearing for Project 82-02 for construction of gravel base on School Road from Seventh Avenue NW to Eighth Avenue NW and construction of temporary gravel surface with grading, shaping and appurtenances on Eighth Avenue NW from School Road to Colorado Street, and Colorado Street from Eighth Avenue NW to north line of Helland's First Addition. The estimated cost is $9,132.98. Presiding Officer Lueneburg asked if anyone wished to be heard regarding Project 82-02. Mr. Bill Helland, owner of Helland's First Addition, felt it might be pre- mature for development of this area. He stated he was opposed to assuming assessment for a temporary improvement and paying the assessment for a road into someone else's property. Mr. Helland did, however, express concern that eventually there be a new road into the Golf Club. It was pointed out that this is an agricultural area, and there is another road from the east. Mr. Helland did not think another road should be cut in. The assessment would be wasted and the improvement would have to be redone as the streets are developed. Mr. Joe Dansereau, Secretary/Treasurer of the Country Club, stated the Club did not want the assessment put onto Mr. Helland. They would, however, like IWAI COUNCIL MINUTES NOVEMBER 10, 1981 some assurance that there will be a new road by 1985 when the Club develops its golf course. The Club would be willing to wait until the economy set- tles down, but they wish to abandon the present road into the Club. They have Colorado Street in mind for a new entrance and exit into the Club. City Engineer Priebe stated that when Helland's Addition was first platted, the City received an agreement from the developer to plat the total property into six large one -lot blocks. The streets were laid out accordingly, and the streets in the area, including Colorado, are dedicated streets. Mr. Jim DeMeyer asked if there was a subdivision agreement for this area. City Engineer Priebe responded there was not since it was felt the land would be re -subdivided. Mr. Ward Haugen stated the Utilities Commission had installed a utility box in the road on School Road. _ The access to the Golf Road is an easement on a temporary road, and the prime area is where Colorado Street would be running through. Mr. Helland raised the issue that the Country Club's concern is to have Colo- rado Street extended to the Club, but the conversation tonight has centered on Eighth Avenue Northwest, which would cut another road. Alderman Beatty explained the Council had been given two alternatives for extending the road to the Country Club, and the straight through -road had been defeated. If proposal number one was done, the Country Club would pay for the cost of the project at an estimated construction cost of $4,557.00. Mr. Ward Haugen stated the Country Club Board had made no decision, but it was felt that proposal number one was the best choice. It was moved by Alderman Carls to close the hearing on Project 82-02 at 8:50 P.M. Seconded by Alderman Beatty and carried unanimously. Alderman Carls moved that the City Engineer prepare the plans to temporarily extend Colorado Street from Seventh Avenue Northwest to South Property Line of the Country Club (1,000 feet), contingent upon the Country Club Board of Directors bearing the cost of the project. Seconded by Alderman Beatty, the motion unanimously carried. 5. COMMUNICATIONS, REQUESTS AND PETITIONS None 6. RESOLUTIONS AND ORDINANCES (a) ORDINANCE NO. 27/81 - AN ORDINANCE AMENDING ORDINANCE NO. 464 CONCERNING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP -3- V COUNCIL MINUTES NOVEMBER 10, 1981 Following discussion, it was moved by Alderman Beatty, seconded by Alder- man Carls, to waive second reading and adopt Ordinance No. 640 entitled An Ordinance Amending Ordinance No. 464 Concerning Zoning Regulations In the City of Hutchinson and the Official Zoning Map. Motion carried unani- mously. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS (a) BUILDING OFFICIAL'S MONTHLY REPORT - OCTOBER 1981 There being no discussion, the report was ordered by the Mayor to be re- ceived for filing. (b) MINUTES OF DOWNTOWN DEVELOPMENT ADVISORY BOARD DATED SEPTEMBER 2, 1981 AND OCTOBER 28, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (c) MINUTES OF AIRPORT COMMISSION DATED OCTOBER 28, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (d) MINUTES OF TREE BOARD DATED SEPTEMBER 16, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (e) MINUTES OF "SENIORS ACTIVITY CENTER" ADVISORY BOARD DATED OCTOBER 6, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. (f) MINUTES OF PARK AND RECREATION BOARD DATED OCTOBER 7, 1981 There being no discussion, the minutes were ordered by the Mayor to be re- ceived for filing. 8. UNFINISHED BUSINESS (a) PRESENTATION BY CITY ATTORNEY ON ORVILLE LUND ASSESSMENT (ROLL NO. 122) (DEFERRED SEPTEMBER 8, 1981) City Attorney Schaefer reported the original public hearing notice to Mr. Orville Lund indicated improvement was to be done on Century Avenue. Since the Lund property does not abut this area, it was insufficient to give them notice. Therefore, the $30,000 deferred assessment against the Lund property -4- COUNCIL MINUTES NOVEMBER 10, 1981 would not be certified or collected at this time. It was further his opin- ion that even if the original notice was inadequate, the State Statutes state that when property abuts another property and may benefit in the fu- ture, the property owner must have the opportunity to be heard or object to the project. However, any differences to the notice issued cannot stop the project. If the property does not abut the project but may benefit from the project, the property owner can be assessed for the original project. At such time as the Lunds connect up to the project or change the status of their land, the City may then take them off the deferred assessment roll and provide the property owner with notice of assessment hearing and assess the property accordingly. It was the City Attorney's recommendation that no action was needed inasmuch as the assessment against the Lunds will not be collected at the present time. 9. NEW BUSINESS (a) CONSIDERATION OF SANITARY SEWER AND WATER MAIN EXTENSION FOR KIMBERLY'S COUNTRY ESTATES Mr. Richard Larson requested an extension of approximately 160 feet of sanitary sewer and water main to serve Lot 3, Block 1, Kimberly's Country Estates for the development of this area. City Engineer Priebe reported that by change order the request could be granted at a total cost of $5,744.05, with $1,325.55 City expense. Following discussion, the motion was made by Alderman Beatty to approve the extension of sanitary sewer and water main to Kimberly's Country Estates. Seconded by Alderman Carls, the motion carried unanimously. (b) CONSIDERATION OF 1982 ASSESSMENT AGREEMENT City Administrator Plotz reported the City has an assessment agreement with the County to do the assessing within the City limits. The 1982 agreement reflects a $4.85 per parcel rate for each taxable parcel, and the City's budget contains an amount to cover this increase in service. After discussion, it was moved by Alderman Carls, seconded by Alderman Beatty and unanimously carried, to enter into an agreement with the County. (c) CONSIDERATION OF ENDORSING CONCEPT AND AUTHORIZING NEGOTIATIONS FOR DEVELOPMENT CONTRACT FOR DOWNTOWN PROJECT (RESTAURANT AND OFFICE SPACE) City Administrator Plotz commented on the joint meeting of the Council and Downtown Development Advisory Board at which time a presentation was made for an office building and restaurant at the S&L and Masonic Temple site. He further stated that another developer has a similar proposal for the same location as well as changes of property owned by the developer in the downtown area. -5- COUNCIL MINUTES NOVEMBER 10, 1981 City Attorney Schaefer stated that authorizing a concept is not the same as endorsing a developer. The City could negotiate an agreement with any developer. Following discussion, Alderman Beatty moved to defer action at this time. The motion was seconded by Alderman Carls and unanimously carried. (d) CONSIDERATION OF APPLICATION FOR SNOW REMOVAL PERMIT: 1. WALTER CLAY 2. GENE BETKE R 3. ALAN JOECKS After discussion, the motion was made by Alderman Carls, seconded by Alder- man Beatty, to approve the applications and issue Snow Removal Permits to the above-named individuals. Motion carried unanimously. (e) CONSIDERATION OF APPOINTMENT OF ED CONNELLY TO AIRPORT COMMISSION With the resignation of Doug Hedin from the Airport Commission, Ed Connelly was appointed by the Mayor to fill the expired term on the Commission. The motion was made by Alderman Beatty to ratify the appointment of Ed Con- nelly to the Airport Commission. Seconded by Alderman Carls, the motion unanimously carried. (f) CONSIDERATION OF APPOINTMENT OF MILT LUENEBURG TO AIRPORT ZONING BOARD It was reported that John Miller had resigned from the Airport Zoning Board. The Board will be reactivated and the zoning carried out inasmuch as the air- port must be zoned in order for the City to continue to receive State aid for maintenance. At the present there are two representatives from the City and two representatives from the County, with the fifth member elected by the Board. It is anticipated that Lynn and Hassan Valley Townships will also have representatives on the Airport Zoning Board in the future. Mayor Westlund appointed Milt Lueneburg, with Council ratification, to re- place John Miller on the Airport Zoning Board. It was moved by Alderman Carls, seconded by Alderman Beatty and carried unan- imously, to ratify the appointment of Milt Lueneburg to the Airport Zoning Board. 0 COUNCIL MINUTES NOVEMBER 10, 1981 (g) CONSIDERATION OF REQUESTING CITY ENGINEER TO PREPARE ENGINEER'S REPORT ON 1982 PROJECTS City Engineer Priebe reported he would prepare individual reports for each of the 1982 projects. Then the Council would decide at the next meeting which projects should have a public hearing in December. Following discussion, the motion was made by Alderman Carls to order prep- aration of reports on the 1982 projects. Seconded by Alderman Beatty, the motion carried unanimously. The motion was amended by Alderman Carls, sec- onded by Alderman Beatty and unanimously carried, to include the 1982 side- walk projects. It was moved by Alderman Carls to waive reading and adopt Resolution No. 6985 entitled Resolution Ordering Preparation of Reports on 1982 Projects. Seconded by Alderman Beatty, the motion carried unanimously. (h) CONSIDERATION OF PART-TIME COORDINATOR FOR NEW SENIOR CENTER The 1982 City budget will provide for a part-time Coordinator for the new Senior Center to be located in the Evergreen Apartments building. It is anticipated that activities can begin in January. After discussion, Alderman Beatty moved to authorize advertising for the position of Senior Center Coordinator. The motion was seconded by Alderman Carls and unanimously carried. (i) CONSIDERATION OF AUTHORIZING CITY ADMINISTRATOR TO REQUEST SALE OF BASS POND FROM DNR City Administrator Plotz commented on the Council's approval of the appli- cation and local share financing for the property south of the Crow River to be used for a community park. One of the hopes in making it a park was to purchase the 13 acres of bass pond from the State of Minnesota for $13,000. In order to proceed with the purchase, it would be necessary to complete forms of Proposal for Land Exchange. Following discussion, the motion was made by Alderman Beatty to approve authorization to request land from the State Land Commission. Seconded by Alderman Carls, the motion carried unanimously. (j) CONSIDERATION OF SETTING PUBLIC HEARING DATE FOR REVENUE SHARING FUNDS City Administrator Plotz reported the procedure for use of Federal Revenue Sharing monies requires a public hearing prior to expenditures of the funds. The hearing would allow input on use of the money from citizens and organi- zations. -7- V, COUNCIL MINUTES NOVEMBER 10, 1981 After discussion, it was moved by Alderman Beatty, seconded by Alderman Carls and carried unanimously, to set the public hearing date for Revenue Sharing Funds for November 24, 1981 at 8:00 P.M. (k) CONSIDERATION OF "QUARTER'S WORTH" GAME CENTER IN DOWNTOWN HUTCHINSON Mr. Bruce Elliott from Buffalo, Minnesota requested a permit to open a game center in downtown Hutchinson. At present he operates a game center in Buf- falo. He reported the center would be operated under very strict regula- tions. Following discussion, the motion was made by Alderman Beatty to approve the permit for a game center based upon the favorable reports submitted. Seconded by Alderman Carls, the motion unanimously carried. (1) CONSIDERATION OF AUDITING FIRM FOR 1981 YEAR END AUDIT City Administrator Plotz reported on the proposal submitted by Thorsen, Camp- bell, Rolando & Lehne to do the City's audit for year-end 1981. The maxi- mum charge will not exceed $14,000.00, which is a higher rate this year. After discussion, Alderman Carls made the motion to approve the audit pro- posal and authorize signing the agreement contract with Thorsen, Campbell, Rolando & Lehne for auditing services not to exceed $14,000.00. The motion was seconded by Alderman Beatty and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz announced there would be a groundbreaking ceremony on November 11, 1981 at 10:30 A.M. for a new motel to be located south and adjacent to the Prairie House on Highway 15 South. The City Council and Department Heads were invited to attend the ceremony. Mr. Plotz called attention to a letter of information in the Council packet from the State regarding hangar rent at the airport. Also, he mentioned a letter from City Attorney Schaefer to the Attorney General for legal counsel concerning the use of Library Square for expansion of the Library at that location. Mention was made that a dedication of two trees planted about two years ago will be held in the near future, with one tree in memory of D. J. Black and the other in memory of Mr. Black's father. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS so COUNCIL MINUTES NOVEMBER 10, 1981 (a) VERIFIED CLAIMS It was moved by Alderman Beatty, seconded by Alderman Carls and carried unanimously, to approve the verified claims and authorize payment from the appropriate funds. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:35 P.M. upon motion by alderman Beatty, seconded by Alderman Carls and unanimously carried.